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Supreme Court of Azad Jammu & Kashmir

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Supreme Court of Azad Jammu & Kashmir SUPREME COURT OF AZAD JAMMU & KASHMIR [Appellate Jurisdiction] PRESENT: Mohammad Azam Khan, C.J. Ch. Muhammad Ibrahim Zia, J. Raja Saeed Akram Khan, J. Civil Appeal No.2 of 2014 (PLA filed on 16.1.2014) 1. Aroosa Nawaz d/o Shahnawaz Khan r/o Shalabagh, Tehsil & District Muzaffarabad, c/o Bukhari General Store, Kham Drung, Shaukat Lines, Muzaffarabad. 2. Misbah Siddique d/o Muhammad Siddique Awan, c/o Hassan General Store, near AJ&K University, Chehla Bandi, Muzaffarabad, 3. Nabeel Mushtaq Kiani s/o Mushtaq Ahmed Kiani, Prime Book Stall, Chikar, District Hattian Bala. 4. Nafeesa Hameed d/o Kh. Abdul Hameed, c/o Kh. Anjum Aziz, Shopkeeper Chinari, Tehsil & district Hattian Bala. 5. Kiran Farooq d/o Raja Muhammad Farooq Khan, r/o District Bagh, c/o Raja Muhammad Farooq Khan, NIB Bank, Muzaffarabad. 6. Amina Bibi d/o Shafique Ahmed, r/o District Sudhenuti, presently GF-2, Block 14, Stadium Road, Hamza Camp, Rawalpindi. 2 7. Hafiz Muhammad Ammar s/o Muhammad Naseem r/o Bhimber, presently House No.D-1/.A, adjacent Pak Post Medical Centre Opp. Boqis Hilal Road, Rawalpindi Cant. 8. Sania Khalid d/o Khalid Mehmood Anjum, c/o Arsalan Khalid, Junior Officer, State Bank of Pakistan, Upper Chattar, Muzaffarabad. ...... APPELLANTS v e r s u s 1. Azad Government of the State of Jammu & Kashmir through Chief Secretary to Azad Government, Civil Secretariat, Muzaffarabad,. 2. Department of Health, Azad Government of the State of Jammu & Kashmir, Health Department, Muzaffarabad. 3. Joint Admission Committee (JAC) Government Medical Colleges of Azad Jammu & Kashmir through Chairman joint Admission Committee/Principal Azad Jammu & Kashmir Medical College, Muzaffarabad. 4. Principal, Azad Jammu & Kashmir Medical College, Muzaffarabad. 5. Principal, Mohtarma Benazir Bhutto Shaheed Medical College, Mirpur. 6. Principal, Poonch Medical College Poonch, Rawalakot. 7. Muhammad Easa Khan s/o Muhammad Arif Khan, 23-B, Commissioner Colony Hilton Road, Gujranwala. 8. Naveez Ali s/o Bashir Muhammad r/o Dakhana Khas Talwandi Bhindra House No.5, Street No.6, Narowal. 9. Menaal Khurshid d/o Muhammad Khurshid Ahmed Jamil Shoes House, Bismillah Chowk Main Bazar, Rawalakot. 10. Ayesha Khan d/o Muhammad Afzal Ziai, Near Madni Masjid, Sherjang Colony, Bhimber. 11. Hafiza Madiha Aslam d/o Muhammad Aslam Sulehria, House No.13/.88, Aslam Sulehria, Jamil Park, Kot Khawaja Saeed, Lahore. 3 12. Hassan Masood Khan s/o Tariq Masood Khan, House No.2, Ward No.3, Near Masjid Ahl-e-Hadees, Upper Chattar, Muzaffarabad. 13. Farrah Majeed d/o Abdul Majeed, village Kherowal, p/o Moli, Tehsil Bernala, District Bhimber. 14. Ayesha Fatima d/o Muhammad Rashid village, Dehri p/o Chowki, Tehsil Samahani, District Bhimber. 15. Shehryar Khan s/o Irfan Sadiq House No.20, Street No.14, Sector E, DHA-2, Bhimber. 16. Maria Asghar d/o Ali Asghar, c/o Ali Asghar Admin Officer Examination Branch MUST, Mirpur. 17. Haseeb Ehsan s/o Ehsanul Haque Siddiqui, House No.121, Sector F/1, Mirpur. 18. Faran Naseer s/o Ch. Muhammad Naseer, village Meri, p/o Afzalpur, Tehsil & District Mirpur. 19. Andleeb Tahir d/o Tahir Mehmood c/o United Medical Store, near United Hospital, Rawalakot. 20. Kaneez Zanib d/o Raja Abdul Qayyum Khan, c/o Raja Khawar Abdul Samad College of Education near National Bank, Muzaffarabad. 21. Muhammad Hussain Hafeez s/o Muhammad Hafeez, DC Office Road, Tehsil & District Bhimber. 22. Momina Sajid d/o Muhammad Sajid, House No.2-A, Sector DD, DHA Officers Flats Phase-IV, DHA Lahore. 23. Esha Irfan d/.o Mirza Irfan Baig, Bai G Pak Industries p/o Box 1374, Daska Road Hajipura, Sialkot. 24. Muhammad Ali Shahid s/o Shahid Iqbal, Mohajir Colony No.2, Upper Chattar, Muzaffarabad. 25. Muhammad Saad Javed s/o Javed Akhtar p/o Tehsil Samahni, District Mirpur. 26. Maha Nisar d/o Nisar Ahmed Cheema, behind Khan Market, Shaukat Lines, Muzaffarabad. 27. Khurram Rafique s/o Muhammad Rafique, c/o Suleman Khan DFO Normal Forest Division Kotli. 28. Amna Bashir d/o Muhammad Bashir, 224-A, Kausar Block, Awan, Town, Lahore. 29. Misbah Abbas d/o Muhammad Abbas, r/o Naseem Qureshi, Qureshi Market Bela Noor Shah, Muzaffarabad. 4 30. Abdul Wahid Naseem s/o Muhammad Naeem Khan, Dr. Naeem Khan Radiologist SKBZ Hospital, Rawalakot. 31. Ridda Fatima Gilani d/o Syed Waheed-ul-Zaffar Gilani, c/o Waheed-ul-Zaffar Gilani near girls High School Chattar, Muzaffarabad. 32. Bilal Haider s/o Javed Iqbal, Shaheen Town near Abdullah House, Daska, District Sialkot. 33. Aniqa Latif d/o Muhammad Latif Mughal c/o Dr. Muhammad Latif Mughal, DHO Office, Bagh. …. RESPONDENTS 34. Maria Shahid d/o Muhammad Shahid, c/o Dr. Muhammad Shahid c/o Dr. Muhammad Shahid, House No.C/1, Doctors Colony, District Headquarter Hospital Kotli. 35. Najda Aftab d/o Aftab Ahmed Meer, r/o Muhalla Sethi Bagh, Ward No.11, Muzaffarabad. 36. Quratul-Ain d/o Muhammad Farooq, House No.45-B, Sector E/2, Mirpur. 37. Tayyaba Haroon d/o Haroon-ur-Rasheed, c/o Al-Rehman Veterinary Traders near Sangum Hotel, Muzaffarabad. 38. Momina Ansar d/o Ansar Khan Tahir, Lower Plate, Ward No.8, near Rathore General Store, Muzaffarabad. 39. Shahnaz Qamar d/o Muhammad Sarwar Qamar, c/o Sethi Cloth House, Shamas Market, Abbaspur, District Poonch. 40. Muhammad Anees Akram s/o Muhammad Akram Khan, room No.809, Block No.8, New Secretariat, Chattar, Muzaffarabad. 41. Asifa Javed d/o Javed Iqbal, House No.838, Muhalla Ali Abad, Chuharpal, Westridge-III, Rawalpindi Cantt. 42. Durr-e-Nayab Khan d/o Javed Ayub, Director Mineral Resources, Block-C, District Complex, Muzaffarabad. 43. Muhammad Ali Raza s/o Muhammad Haneef Chaudhary, House No.145-B, Sector F/3, Part-II, Mirpur. 5 44. Tayyab Tufail s/o Muhammad Tufail, Ward No.3, Muhalla Khuiyan Wala, Bhimber. 45. Iqra Shafique d/o Kh. Muhammad Shafique, c/o Shafique General Store, Khan Market, Muzaffarabad. 46. Syeda Huma Kazmi d/o Syed Iqbal Hussain Shah, HBL, Main Branch, Gilani Chowk, Muzaffarabad. 47. Sana Shaukat d/o Shaukat Hussain, Shaukat General Store, Main Bazar Chikar, District Hattian Bala. 48. Farrah Tanveer d/o Tanveer Ahmed Khan, village Khuntal, Neela Butt, Dhikrkot, District Bagh. 49. Maira Yaseen Khan d/o Raja Muhammad Yaseen Khan, r/o Jaglari Bagh, presently Flat No.11, Block No.12, Jinnah Super Market, Islamabad. 50. Syed Fayyaz Hussain Shah s/o Syed Muhammad Shafique Shah, r/o Haveli, c/o Muhammad Shafique Shah, Assistant Director Agriculture, Muzaffarabad. 51. Faryal Bashir d/o Muhammad Bashir, c/o Shell Petrol Pump Hajira, District Poonch. 52. Kashaf Shamraiz s/o Shamraiz Akhtar, c/o Zeeshan General Store, Mang Road, Rawalakot. 53. Saher Zaffar s/o Zaffar Mehmood Khan, r/o District Poonch, presently House No.1240-A, Gulistan Colony, Lane No.3, Ayyub Park Road, Rawalpindi. 54. Israr Ahmed s/o Muhammad Younas, village Sarsawa Tehsil & District Kotli. 55. Bushra Altaf d/o Muhammad Altaf, r/o village Doongi Naseemabad, Tehsil Barnala, District Bhimber. 56. Faiza Shah d/o Shaukat Hussain Shah, Takiya Syedan, Post Office Panjera, Tehsil & District Kotli. 57. Sadia Hussain d/o Muhammad Sharif, village Gahee, p/o Samrot, District Kotli. 58. Abdul Wahid s/o Abdul Qayyum, r/o village Dhamot, p/o Tehsil & District Kotli. 6 59. Quratul Ain Latif d/o Muhammad Latif, House No.494, Sector F/3, Part-I, Mirpur. 60. Sundus Ali d/o Ali Asghar, r/o village Mangla Hamlet, p/o Mangla Colony, District Mirpur. 61. Sobia Mushtaq d/o Mushtaq Ahmed, r/o village Dobay p/o Bernala, Tehsil & District Bhimber. 62. Muhammad Ali s/o Muhammad Siddique Ward No.1, Muhalla Bawli, Tehsil & District Bhimber. …. PROFORMA RESPONDENTS (On appeal from the judgment of the High Court, dated 2.1.2014 in writ petition No.1836 of 2013) FOR THE APPELLANTS: Mr. Abdul Rasheed Abbasi, advocate. FOR THE RESPONDENTS: Ms. Abdul Majeed Mallick, Raja Ghazanfar Ali Khan, Advocate- General, Sardar Shahid Hameed Khan & Sardar Muhammad Azam Khan, advocates, for the respondents. Amicus curie: Mr. Bostan Chaudhary, Raja Niaz Ahmed Khan, Ch. Muhammad Reaz Alam, Raja Inaamullah Khan and Sh. Masood Iqbal, advocates. Date of hearing: 3/2/2014 JUDGMENT: Mohammad Azam Khan, C.J.—The following short order was passed on 22.1.2014:- 7 “For the reasons to be recorded in the detailed judgment, this appeal is accepted. The impugned judgment of the High Court is set aside. Resultantly the writ petition filed by the appellants and proforma-respondents in the High Court is accepted. The seats reserved in the medical colleges on self-finance basis are declared to be in contravention of law. The seats shall be allotted on district wise quota.” 2. The detailed reasons for the order are as under:- The Joint Admission Committee of the Government medical colleges through an advertisement dated 21.8.2013 invited applications for admission in the first year, MBBS course in the Government medical colleges of the Azad Jammu & Kashmir as well as against the seats reserved for Azad Jammu & Kashmir students in various medical colleges of Pakistan. The appellants and proforma respondents qualified the entry test and applied for admission on merit basis against the seats allocated to various districts of Azad Jammu & Kashmir. The merit position was determined. After preparation of merit list, respondent No.1, Azad Government of the State of Jammu & Kashmir, issued a notification on 23.10.2013, whereby number of seats allocated to the districts and the refugees’ quota was changed and ten seats each in the medical colleges were reserved for admission on self- finance basis. Resultantly, 30 students including the appellants and proforma respondents were deprived of the admission against the seats reserved for them in the district quota.
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